Pennsylvania Hold 'Em

A councilman's response to "Aces in the Hole."

by Frank DiCicco

I want to take this opportunity to thank the author of "Aces in the Hole" [Slant, Vern Anastasio, Jan. 4, 2007] for his support as I protect Philadelphia's neighborhoods in the advent of gaming. I'd also like to clarify some issues "Aces in the Hole" raised about City Council's record on the issue.

First, I'm outraged and concerned about the Pennsylvania Gaming Control Board's (PGCB) recent award of gaming licenses. Because I believe the process was flawed, I immediately announced that I intend to take legal action against the board and look forward to fighting the issue in a court of law.

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However, like any army going into battle, we must create an exit strategy in case the circumstance turns for the worse (unless you're President Bush, of course). I have already called meetings with community groups to discuss exactly what that exit strategy may be. If we lose the court battle, provisions must be made for public safety, quality of life and traffic concerns.

Like many of you, I'm angry about where we are and how we got here.

In July 2004, the Pennsylvania General Assembly passed the Gaming Act, which allowed two slot parlors in Philadelphia. I am not a member of the General Assembly and I didn't have a vote on the issue. My objections and concerns were ignored just like everyone else's. Unfortunately, very few people in the city chose to protest that vote until they realized in December 2005 that the casinos might be placed in their own backyards.

Luckily, both the administration and I were ahead of the curve. While we did not believe we could overturn the act — the courts had already ruled that the act was legal — we knew we had to take action to protect the neighborhoods. That is why the mayor created and I supported the Philadelphia Gaming Advisory Task Force.

Part of the task force's recommendations included legislation that created commercial entertainment districts (CED). I am proud to say that I introduced and shepherded this legislation through Council in November 2005.

Despite some allegations, this legislation is not a rubber stamp, nor does the city enjoy absolute zoning control.

Under the Gaming Act, the PGCB has sole authority to regulate gaming and award gaming licenses, including site selection. When considering such an application, the PGCB specifically considered the site of each application, so the site of a license is inextricably linked to the application and the award.

I admit, however, that a judge might have a different interpretation and have already pledged to explore what other siting possibilities exist.

The CED legislation itself creates responsible land-use controls, guarantees public space and access, controls outdoor advertising, limits height and density of projects and provides for specific parking and traffic requirements.

It also allows Council to delay the construction of a gaming facility significantly. In order for the developer to obtain a building permit, Council must approve the site plan. Within 45 days of submittal, Council will call for public hearings and has the ability to table or disapprove the casino's plan. No casino can pull a building permit without public hearings and Council approval. I pledge to the city and to all of my constituents that I will use this power for the benefit of all of our neighborhoods. During the past year, I attended dozens of public meetings to discuss what actions the city was taking; submitted oral and written testimony to the PGCB; helped fund both of Casino Free Philadelphia's trips to Harrisburg; and encouraged the mayor to create the Philadelphia Gaming Commission to help facilitate discussions between communities and the operators. In short, I have been the only elected official that has prioritized gaming. My message has always been and will continue to be consistent: I may not be able to stop the casinos, but I'll do my damndest to protect the city's neighborhoods.

Frank DiCicco is city councilman of the 1st District of Philadelphia.